By: Averitt S.B. No. 1667
(In the Senate - Filed March 14, 2003; March 20, 2003, read
first time and referred to Committee on Business and Commerce;
April 10, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 10, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1667 By: Jackson
A BILL TO BE ENTITLED
AN ACT
relating to authorization of Federal Bureau of Investigation
background checks and access to criminal history record information
for mortgage broker and loan officer license applicants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 156.206, Finance Code,
as amended by Chapters 337, 407, and 867, Acts of the 77th
Legislature, Regular Session, 2001, is reenacted and amended to
read as follows:
(b) The commissioner shall obtain criminal history record
information on an applicant that is maintained by the Department of
Public Safety and shall obtain criminal history record information
from [on an applicant maintained by] the Federal Bureau of
Investigation on each applicant for a mortgage broker or loan
officer license under this chapter. Each applicant must be
fingerprinted and must submit fingerprints and other necessary
information with the application. The commissioner is authorized
to submit the fingerprints to the Federal Bureau of Investigation,
and the Department of Public Safety is designated to be the
recipient of the results of the record check [By rule, the finance
commission may require applicants to submit information and
fingerprints necessary for the commissioner to obtain criminal
background information from the Federal Bureau of Investigation].
The commissioner may also obtain criminal history record
information from any court or any local, state, or national
governmental agency.
SECTION 2. Section 156.206, Finance Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding Subsection (c), criminal history record
information obtained from the Federal Bureau of Investigation may
only be disseminated to governmental entities or as authorized by
federal law, federal executive order, or federal rule.
SECTION 3. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1385 to read as follows:
Sec. 411.1385. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: SAVINGS AND LOAN COMMISSIONER. (a) The savings and
loan commissioner may obtain from the department criminal history
record information maintained by the department that relates to a
person who is an applicant for or holder of a mortgage broker or
loan officer license issued under Chapter 156, Finance Code.
(b) Criminal history record information obtained by the
savings and loan commissioner under Subsection (a) may not be
released or disclosed unless:
(1) the criminal history record information is a
public record at the time the savings and loan commissioner obtains
the information; or
(2) the savings and loan commissioner releases the
criminal history record information:
(A) under order from a court;
(B) with the consent of the person who is the
subject of the information;
(C) to an agent of the person who is the subject
of the information; or
(D) to a governmental agency.
(c) Notwithstanding Subsection (b), criminal history record
information obtained from the Federal Bureau of Investigation may
only be disseminated to governmental entities or as authorized by
federal law, federal executive order, or federal rule.
SECTION 4. This Act takes effect September 1, 2003.
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